The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-10-01
SUGGESTIVE OF SLAVE DAYS.
A Curious Case Lately Before the
Virginia Courts.
GIN. Y. Evening Post.l


What seems very strange decision has
been rendered by Mr.. Justice Paul in the
United States Circuit Court for the Western
District of Virginia, in the case Of Woodland
and wife VS.. Newhalps administrators, re-
ported in the Federal Reporter for August
80. The facts set forth in the bill, not de-
MED in the answers, and sustained by the
evidence taken in the cause, are that in the
year 1857 or 1858. Paulina Isbell. the mother
Of the female complainant, being slave with
81 ings of her wages purchased her freedom
AID that Of her daughter, the female plaintiff
in the suit. The law of Virginia at that time
forbidding a slave set free to remain in the
State, Paulina, not wishing with her child
to leave Virginia, had the title to the two, as
slaves made out to Newhall, with the full
right and privilege reserved by them, and
agreed to by himself for them, to do as they
pleased just as American free-born citizens,
which privilege they ever after exercised,
Newhall being always ready and willing to
release his bare title whenever, they should
so desire. Under this state of things, Paul
ina, having further accumulated $1,000.
placed the same in Newhall's hands, in trust
to buy house and lot. Newhall accepted
the trust and bought house and lot, but
finding the title defective annulled the pur-
chase, and died before he executed the trust,
Panlina died before Newhall, but he all the
time acknowledged the trust, and after her
death he kept an account of his indebtedness
to ''the estate Of Paulina Isbell'. Newhall
made his will ON March 20, 1865, in which he
gave his estate, large one, to his two
nephews, Harrison Sublett and Charles M.
Sublett. This will was submitted to probate
on April 8, 1865, and Charles M. Sublett
day of making his will Newhall executed a
witnessed paper of directions to his two
nephews, the legatees in his will: "T0 mn
NephelcS, Charles ". and Harrison Sublett:
Having entire confidence in you, | wish you
to carry out this, my will in fact" After
other matters, he says: PAY to Lizzie Penn
one thousand dollars $1,000, This was the
female plaintiff in the suit.l | give this in
consideration OF the amount | owe her
mother, which is on my books. Set her free
and see that she has all her rights. These
legacies must be paid in specie or its equiya-
lent" The executor recognized the trust by
paying interest on the $1,000 to July, 1871,
and made several promises to pay the princi-
pal at an early day, but failing to pay any
further sum, after preliminary proceedings
Of no present significance, the suit above
mentioned was instituted.
The paper Of directions called Twill in
fact" the Court disposed of by saying that it
Is null and void as testamentory paper, for
want OF the requisite number Of witnesses,
and does not create trust because il Is not
consideration. As to the substance of the
case, the Court held that Paulina was
a slave and all of her efforts to secure
her freedom did not change her con-
dition in the slightest degree, No matter
how much liberty she may have been allowed
nor what privilege common to free persons
she may have been permitted to enjoy by
Newhall, who purchased her and stood in
the place Of her master and owner, she was
equally slave, and all the disqualfications
and disabilities incident to that condition Of
servitude attached to her. The statute law
of Virginia prescribed the means, and it was
the only way, by which a slave could be
enancipated, that is by last will in writing,
or by deed duly recorded in the proper court
to be followed, Of course, by expiration, as
we have noted, to avoid which was the sole
object of Paulina's retaining the slave status
nominally. As slave, she could neither
contract nor be contracted with. 1T fol-
and contracts of every kind between Paulina
and Newhall were entirely null and void.
'"Ihey created no legal obligation whatever
on Newhall which will support a trust for
the benefit of the child of the slave mother.
"All contracts. rights, trusts, and obligations
growing out Of NewhalPs transactions with
the slave Paulina Isbell rust fall to the
ground as utter nullitles." The bill was dis
missed upon the merits. We trust that
Paulina's daughter has friends who will not
allow the matter to rest here. We should
much like to see what the United States SUI
preme Court would say to it. We mistake II
that tribunal would not find some way to
get justice done, If the amount at issue Is
sufficient to authorize an appeal. We do not
believe that it is required that the Virginia
Slave Codeof 1860 shall continue to infect
our law, like the slave blood itself, which
never is wholly bred out, though it may APP
pear only as tingeing the finger nails.